In a startling revelation before the Supreme Court, it has come to light that numerous High Courts and district courts across India have failed to implement a mandatory mechanism to address sexual harassment at the workplace, nearly three decades after the landmark Vishaka judgment.
PIL Highlights Systemic Failure in Judiciary
Appearing before a bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, senior advocate Sonia Mathur, representing PIL petitioner Geeta Rani, highlighted a critical gap in the justice system. She informed the court that several High Courts, including those in Calcutta, Patna, Orissa, Kerala, Chhattisgarh, Allahabad, and Uttarakhand, still lack a functional Internal Complaints Committee (ICC) as mandated by law. Shockingly, even district courts in Delhi, Punjab, and Haryana were reported to have no such mechanism in place.
The Supreme Court bench, taking serious note of the submissions, has sought detailed status reports from the registrar generals of the defaulting High Courts. It has also called for responses from bar associations and bar councils nationwide to ascertain the implementation status of these vital safeguards.
Constitutional Rights Undermined by Absence of Safe Spaces
The petitioner argued that this systemic deficiency constitutes a severe violation of constitutional rights. The absence of a gender-sensitised and accessible complaint-handling structure in courts, bar associations, and tribunals discourages women from participating fully in the justice delivery process.
"In several courts across the country, there is either no established internal redressal mechanism, or the mechanism is not duly notified, accessible, or functional. Information about complaint procedures, responsible authorities, or grievance redressal channels is often unavailable or opaque," the petitioner stated. She emphasized that inadequate sensitization among court staff, security, and lawyers creates an unsafe environment, directly undermining the guarantees of equality, dignity, and a safe workplace under Articles 14, 15, and 21 of the Constitution.
A Long History of Judicial Directives Ignored
The legal foundation for these mechanisms was laid by the Supreme Court itself in the historic 1997 Vishaka judgment. This ruling established mandatory guidelines for all institutions to prevent and redress sexual harassment at work. These guidelines were later reaffirmed and strengthened in the 2013 Medha Kotwal Lele case, where the SC directed all institutions to ensure effective and independent complaint committees.
Leading by example, the Supreme Court established its own Gender Sensitisation and Internal Complaints Committee (GSICC) in 2015 to protect women lawyers, employees, interns, and litigants within its premises. The petitioner contended that the failure to replicate this "constitutional standard" in every court results in unequal treatment of women lawyers and is a clear violation of the right to equality.
The current PIL seeks to bridge this glaring gap, urging the top court to ensure that the protections it championed decades ago become a reality for every woman working within the precincts of India's judicial institutions.
